[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR33.4]

[Page 73-74]
 
                           TITLE 34--EDUCATION
 
PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 33.4  Investigation.

    (a) If an investigating official concludes that a subpoena pursuant 
to the authority conferred by 31 U.S.C. 3604(a) is warranted:
    (1) The subpoena so issued must notify the person to whom it is 
addressed of the authority under which the subpoena is issued and must 
identify the records or documents sought;
    (2) The investigating official may designate a person to act on his 
or her behalf to receive the documents sought; and
    (3) The person receiving the subpoena is required to tender to the 
investigating official or the person designated to receive the documents 
a certification that the documents sought have been produced, or that 
the documents are not available and the reasons therefore, or that the 
documents, suitably identified, have been withheld based upon the 
assertion of an identified privilege.

(Authority: 31 U.S.C. 3804(a))


[[Page 74]]


    (b) If the investigating official concludes that an action under the 
Program Fraud Civil Remedies Act may be warranted, the investigating 
official shall submit a report containing the findings and conclusions 
of the investigation to the reviewing official.

(Authority: 31 U.S.C. 3803(a)(1))

    (c) Nothing in this section precludes or limits an investigating 
official's discretion to refer allegations directly to the Department of 
Justice for suit under the False Claims Act or other civil relief, or to 
defer or postpone a report or referral to the reviewing official to 
avoid interference with a criminal investigation or prosecution.

(Authority: 31 U.S.C. 3809)

    (d) Nothing in this section modifies any responsibility of an 
investigating official to report violations of criminal law to the 
Attorney General.

(Authority: 31 U.S.C. 3803(a)(1))